Rodriguez v. Fox News Network, L.L.C.
238 Ariz. 36
Ariz. Ct. App.2015Background
- An armed carjacking suspect led police on a high-speed chase that ended with him shooting himself after exiting the vehicle.
- Fox News Network, LLC broadcast the chase and suicide live, including the moment the suspect shot himself.
- The sons of the suspect learned of their father’s death after seeing a clip of the broadcast online.
- Their mother sued Fox on behalf of the minors for negligent and intentional infliction of emotional distress.
- The superior court dismissed the claims, holding First Amendment protection barred liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether First Amendment protects against emotional distress claims | Rodriguez argues the broadcast caused trauma and should not be immunized. | Fox contends claims are barred because the content involved matters of public concern. | Yes; the First Amendment bars the claims. |
Key Cases Cited
- Snyder v. Phelps, 562 U.S. 443 (2011) (speech on public concerns protected even when painful)
- Connick v. Myers, 461 U.S. 138 (1983) (public concern and content/context analysis)
- Hustler Magazine v. Falwell, 485 U.S. 46 (1988) (breathing space for robust public discourse; protection of content)
- Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985) (speech on private matters received less protection; chilling effects)
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964) (First Amendment protects uninhibited, robust debate on public issues)
- Boos v. Barry, 485 U.S. 312 (1988) (tolerating provocative speech to protect First Amendment rights)
- Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986) (truth requirement would chill public debate)
- Cox Broad. Corp. v. Cohn, 420 U.S. 469 (1975) (public interest in reporting on events; access to information)
- Florida Star v. B.J.F., 491 U.S. 524 (1989) (newsworthiness and public significance of information)
- Ashcroft v. Free Speech Coal., Inc., 535 U.S. 234 (2002) (redeeming value of work judged in its entirety)
